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PRESIDENTIAL DECREE NO. 1508
PRESIDENTIAL DECREE NO. 1508 -
ESTABLISHING A SYSTEM OF AMICABLY SETTLING DISPUTES AT THE BARANGAY
LEVEL
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chanroblesvirtualawlibrary
(REPEALED
BY REPUBLIC ACT NO. 7160)
WHEREAS, the perpetuation and official recognition of the time-honored
tradition of amicably settling disputes among family and barangay
members at the barangay level without judicial resources would promote
the speedy administration of justice and implement the constitutional
mandate to preserve and develop Filipino culture and to strengthen the
family as a basic social institution; chanroblesvirtualawlibrary
WHEREAS, the indiscriminate filing of cases in the courts of justice
contributes heavily and unjustifiably to the congestion of court
dockets, thus causing a deterioration in the quality of justice;chanroblesvirtualawlibrary
WHEREAS, in order to help relieve the courts of such docket congestion
and thereby enhance the quality of justice dispensed by the courts, it
is deemed desirable to formally organize and institutionalize a system
of amicably settling disputes at the barangay level.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby
order and decree the following:cralaw:red
Section 1. Lupong Tagapayapa. —
a) Creation. — There is hereby created in each
barangay a body to be known as Lupong Tagapayapa (hereinafter referred
to as Lupon) composed of the Barangay Captain as chairman and not less
than ten (10) nor more than twenty (20) members, to be constituted
every two years in the following manner:cralaw:red
(1) Any suitable person actually residing or working
in the barangay, not otherwise expressly disqualified by law, and
taking into account considerations of integrity, impartiality,
independence of mind, sense of fairness, and reputation for probity,
including educational attainment, may be appointed member; chanroblesvirtualawlibrary
(2) A notice to constitute the Lupon, which shall
include the names of proposed members who have expressed their
willingness to serve, shall be prepared by the Barangay Captain within
thirty (30) days after this Decree shall have become effective, and
thereafter within the first ten (10) days of January of every other
year. Such notice shall be posted in three (3) conspicuous places in
the barangay continuously for a period of not less than three (3)
weeks;chanroblesvirtualawlibrary
(3) The Barangay Captain, taking into consideration
any opposition to the proposed appointment or any recommendation/s for
appointment as may have been made within the period of posting, shall
within ten (10) days thereafter, appoint as members those whom he
determines to be suitable therefor;chanroblesvirtualawlibrary
(4) Appointments shall be in writing signed by the
Barangay Captain and attested by the Barangay Secretary;chanroblesvirtualawlibrary
(5) The list of appointed members shall be posted in
three (3) conspicuous places in the barangay for the entire duration of
their term of office;chanroblesvirtualawlibrary
(6) When used herein:cralaw:red
Barangay refers not only to barrios which were declared barangays by
virtue of Presidential Decree No. 557 but also to barangays otherwise
known as citizens assemblies pursuant to Presidential Decree No. 86.
Barangay Captain refers to the Barangay Captains of the barrios which
declared barangay by virtue of Presidential Decree No. 557 and to the
Chairmen of barangays otherwise known as citizens assemblies pursuant
to Presidential Decree No. 86.
b) Oath and Term of Office. — Upon appointment, each
member shall take an oath of office before the Barangay Captain. He
shall hold office until December 31 of the calendar year subsequent to
the year of his appointment unless sooner terminated by resignation,
transfer of residence or place of work, or withdrawal of appointment by
the Barangay Captain with the concurrence of the majority of all the
members of the Lupon. chanroblesvirtualawlibrary
c) Vacancy, Lupon. — Should a vacancy occur in the
Lupon for any cause the Barangay Captain shall as soon as possible
appoint a suitable replacement. The person appointed shall hold office
only for the unexpired portion of the term of the member whom he
replaces.
d) Functions. — The Lupon shall exercise
administrative supervision over the conciliation panels hereinafter
provided for. It shall meet regularly once a month (1) to provide a
forum for the exchange of ideas among its members and the public on
matters relevant to the amicable settlement of disputes; and (2) to
enable the various panels to share with one another their observation
and experiences in effecting speedy resolution of disputes.
e) Secretary of the Lupon. — The Barangay Secretary
shall concurrently the Secretary of the Lupon. He shall note the
results of the mediation proceedings before the Barangay Captain and
shall submit a report thereon to the proper city or municipal court. He
shall also receive and keep the records of proceedings submitted to him
by the various conciliation panels. He shall issue the certification
referred to in Section 6 hereof.
f) Conciliation Panels. — There shall be constituted
for each dispute brought before the Lupon a conciliation panel to be
known as Pangkat ng Tagapagkasundo (hereinafter referred to as Pangkat)
consisting of three (3) members who shall be chosen by agreement of the
parties to the dispute from the list of membership of the
Lupon. chanroblesvirtualawlibrary
Should the parties fail to agree, they shall, in the presence of the
Barangay Captain or Secretary, make the selection in the following
manner: one party, determined by lot, shall strike out from the list
one name; the other party shall in turn strike out another; the parties
shall thereafter continue alternately to strike out names until there
shall remain on the list only by four (4), three (3) of whom shall be
the members of the Pangkat, and the fourth, to be determined by lot,
shall be the alternate.
In the event any of the four (4) remaining names is, for cause to be
passed upon solely by the Barangay Captain, still objected to by any
party, the procedure provided for in paragraph (g) hereunder shall be
followed.
Should there be more than one complainant or respondent, each side to
the dispute shall choose its representative to such striking-out
process.
The three (3) members shall elect from among themselves the chairman
and the secretary of the Pangkat.
The secretary of the Pangkat shall keep minutes of its proceedings
attested by the chairman and submit a copy thereof to the Lupon
Secretary and to the proper city or municipal court. He shall issue and
cause to be served notices to the parties and give certified true
copies of any public record in his custody that is not by law otherwise
declared confidential.
g) Vacancy, Pangkat. — Any vacancy in the Pangkat
shall be filled by the Barangay Captain from among the other members of
the Lupon, to be determined by lot.
h) Succession to or substitution for Barangay
Captain. — In the event the Barangay Captain ceases to hold office or
is unable to perform his duties herein provided, the order of
succession/substitution to his position as provided by law shall be
followed.
i) Character of Office. — The members of the Lupon
shall be deemed public officers and persons in authority, within the
meaning of the Revised Penal Code. chanroblesvirtualawlibrary
j) Character of Service. — The members of the Lupon
or Pangkat shall serve without any compensation or allowance
whatsoever. Such service by any Lupon or Pangkat member, whether he be
in public or private employment, shall be deemed to be on official time
and no such member shall suffer any diminution in compensation or
allowances by reason thereof.
k) Legal advice. — The Barangay Captain or any member
of the Lupon or Pangkat may, whenever he deems it necessary in the
exercise of his functions under this Decree, seek the advice of the
legal adviser of the provincial/city/municipal government.
Section 2. Subject matters for amicable settlement. —
The Lupon of each barangay shall have authority to bring together the
parties actually residing in the same city or municipality for amicable
settlement of all disputes except:cralaw:red
(1) Where on party is the government, or any
subdivision or instrumentality thereof;chanroblesvirtualawlibrary
(2) Where one party is a public officer or employee,
and the dispute relates to the performance of his official functions;chanroblesvirtualawlibrary
(3) Offenses punishable by imprisonment exceeding 30
days, or a fine exceeding P200.00;chanroblesvirtualawlibrary
(4) Offenses where there is no private offended party;chanroblesvirtualawlibrary
(5) Such other classes of disputes which the Prime
Minister may in the interest of justice determine upon recommendation
of the Minister of Justice and the Minister of Local Government. chanroblesvirtualawlibrary
Section 3. Venue. — Disputes between or among persons
actually residing in the same barangay shall be brought for amicable
settlement before the Lupon of said barangay. Those involving actual
residents of different barangays within the same city or municipality
shall be brought in the barangay where the respondent or any of the
respondents actually resides, at the election of the complainant.
However, all disputes which involved real property or any interest
therein shall be brought in the barangay where the real property or any
part thereof is situated.
The Lupon shall have no authority over disputes:cralaw:red
(1) involving parties who actually reside in
barangays of different cities or municipalities, except where such
barangays adjoin each other; and
(2) involving real property located in different
municipalities.
Objections to venue shall be raised in the mediation proceedings before
the Barangay Captain as provided for in Section 4(b) hereunder;
otherwise, the same shall be deemed waived. Any legal question which
may confront the Barangay Captain in resolving objections to venue
herein referred to may be submitted to the Minister of Justice whose
ruling thereon shall be binding.
Section 4. Procedure for amicable settlement. —chanroblesvirtualawlibrary
a) Who may initiate proceedings. — Any individual who
has a cause of action against another individual involving any matter
within the authority of the Lupon as provided in Section 2 may complain
orally or in writing, to the Barangay Captain of the barangay referred
to in Section 3 hereof. chanroblesvirtualawlibrary
b) Mediation by Barangay Captain. — Upon receipt of
the complaint, the Barangay Captain shall, within the next working day
summon the respondent/s with notice to the complainant/s for them and
their witnesses to appear before him for a mediation of their
conflicting interests. If he fails in his effort within fifteen (15)
days from the first meeting of the parties before him, he shall
forthwith set a date for the constitution of the Pangkat in accordance
with the provisions of Section 1 of this Decree.
c) Hearing before the Pangkat. — The Pangkat shall
convene not later than three (3) days from its constitution, on the day
and hour set by the Barangay Captain, to hear both parties and their
witnesses, simplify issues, and explore all possibilities for amicable
settlement. For this purpose, the Pangkat may issue summons for the
personal appearance of parties and witnesses before it.
In the event that the party moves to disqualify any member of the
Pangkat by reason of relationship, bias, interest or any other similar
ground/s discovered after constitution of the Pangkat, the matter shall
be resolved by the affirmative vote of the majority of the Pangkat
whose decision shall be final. Should disqualification be decided upon,
the procedure provided for in paragraph (g) of Section 1 shall be
followed.
d) Sanctions. — Refusal or willful failure of any
party or witness to appear in compliance with the summons issued
pursuant to the preceding two (2) paragraphs may be punished by the
city or municipal court as for direct contempt of court upon
application filed therewith by the Lupon Chairman, the Pangkat
Chairman, or by any of the parties. Further, such refusal or willful
failure to appear shall be reflected in the records of the Lupon
Secretary or in the minutes of the Pangkat Secretary and shall bar the
complainant from seeking judicial recourse for the same cause of
action, and the respondent, from filing any counterclaim arising out of
or necessarily connected therewith. chanroblesvirtualawlibrary
Willful failure or refusal without justifiable cause on the part of any
Pangkat member to act as such, as determined by the vote of a majority
of all the other members of the Lupon, whose decision thereon shall be
final, shall result in his disqualification from public office in the
city or municipality for a period of one year.
e) Time limit. — The Pangkat shall arrive at a
settlement/resolution of the dispute within fifteen (15) days from the
day it convenes in accordance with paragraph (c) hereof. This period
shall, at the discretion of the Pangkat, be extendible for another
period which shall not exceed fifteen (15) days except in clearly
meritorious cases.
Section 5. Form of settlement. — All amicable
settlements shall be in writing, in a language or dialect known to the
parties, signed by them and attested by the Barangay Captain or the
Chairman of the Pangkat, as the case may be. When the parties to the
dispute do not use the same language/dialect, the settlement shall be
written in the languages; dialect known to them.
Section 6. Conciliation, pre-condition to filing of
complaint. — No complaint, petition, action or proceeding involving any
matter within the authority of the Lupon as provided in Section 2
hereof shall be filed or instituted in court or any other government
office for adjudication unless there has been a confrontation of the
parties before the Lupon Chairman or the Pangkat and no conciliation or
settlement has been reached as certified by the Lupon Secretary or the
Pangkat Secretary, attested by the Lupon or Pangkat Chairman, or unless
the settlement has been repudiated. However, the parties may go
directly to the court in the following cases: chanroblesvirtualawlibrary
(1) Where the accused is under detention;chanroblesvirtualawlibrary
(2) Where a person has otherwise been deprived of
personal liberty calling for habeas corpus proceedings;chanroblesvirtualawlibrary
(3) Actions coupled with provisional remedies such as
preliminary injunction, attachment, delivery of personal property and
support pendente lite; and
(4) Where the action may otherwise be barred by the
Statute of Limitations.
Section 7. Arbitration. — The parties may, at any
stage of the proceedings, agree in writing that they shall abide by the
arbitration award of the Barangay Captain or the Pangkat. Such
agreement to arbitrate may within five (5) days from the date thereof,
he repudiated for the same grounds and in accordance with the procedure
prescribed in Section 13 hereof. The arbitration award shall be made
after the lapse of the period for repudiation and within ten (10) days
thereafter.
The arbitration award shall be in writing in a language or dialect
known to the parties. When the parties to the dispute do not use the
same language/dialect, the award shall be written in languages/dialects
known to them.
Section 8. Proceedings public; exception. — All
proceedings for settlement shall be public and informal, Provided, that
the Barangay Captain or the Pangkat, as the case may be, may motu
propio or upon request of a party exclude the public from the
proceedings in the interest of privacy, decency or public morals.
Section 9. Appearance of parties in person. — In all
other proceedings provided for herein, the parties must appear in
person without the assistance of counsel/representative, with the
exception of minors and incompetents who may be assisted by their next
of kin who are not lawyers. chanroblesvirtualawlibrary
Section 10. Admissions. — Admissions made in the
course of any proceedings for settlement may be admissible for any
purpose in any other proceeding.
Section 11. Effect of amicable settlement and
arbitration award. — The amicable settlement and arbitration award
shall have the force and effect of a final judgment of a court, upon
the expiration of ten (10) days from the date thereof unless
repudiation of the settlement has been made or a petition for
nullification of the award has been filed before the proper city or
municipal court.
Section 12. Execution. — The amicable settlement or
arbitration award may be enforced by execution within one (1) year from
the date of the settlement. After the lapse of such time, the
settlement may be enforced by action in the appropriate city/municipal
court.
Section 13. Repudiation. — Any party to the dispute
may, within ten (10) days from the date of settlement, repudiate the
same by filing with the Barangay Captain a statement to that effect
sworn to before him, where the consent is vitiated by fraud, violence
or intimidation. Such repudiation shall be sufficient basis for the
issuance of the certification for filing a complaint, provided for in
Section 6 hereof.
Section 14. Transmittal of settlement and arbitration
award to court. — The Secretary of the Lupon shall transmit the
settlement of arbitration award to the local city or municipal court
within five (5) days from the date of the award or from the lapse of
ten-day period for repudiating the settlement and shall furnish copies
thereof to each of the parties to the settlement and the Barangay
Captain.
Section 15. Power to administer oaths. — The Barangay
Captain and members of the Pangkat are hereby authorized to administer
oaths in connection with any matter relating to all proceedings
provided for in this Decree. chanroblesvirtualawlibrary
Section 16. Administration; rules and regulations. —
(a) The Minister of Local Government and Community Development shall
see to the efficient implementation and administration of this Decree.
For this purpose, he shall be empowered to promulgate rules and
regulations, upon consultation with the Minister of Justice. In the
process, the Minister of Local Government and Community Development may
seek cooperation and coordination from other departments, agencies or
instrumentalities of the National Government; and such departments,
agencies or instrumentalities are hereby directed to render assistance
whenever so requested.
(b) Without prejudice to the provisions of Section
(k) hereof, legal questions arising in the administration and
implementation of this laws shall be submitted to the Minister of
Justice for resolution.
Section 17. Separability Clause. — If, for any
reason, any provision of this Decree shall be held to be
unconstitutional or invalid, no other provision hereof shall be
affected thereby.
Section 18. Appropriations. — To carry out the
purposes of this Decree, there is hereby appropriated the sum of
Twenty-five Million Pesos (P25,000,000.00) from the General Funds for
the current year. Thereafter, the appropriation for such funds as may
be necessary for the purpose shall be provided for in the General
Annual Appropriation Acts. chanroblesvirtualawlibrary
Section 19. Effectivity. — This Decree shall take
effect six (6) months after its promulgation.
DONE in the City of Manila,
this 11th day of June, in the year of Our Lord, nineteen hundred and
seventy-eight.
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